scholarly journals EURODAC AS AN INSTRUMENT OF THE EU RETURN POLICY

2019 ◽  
Vol 7 (1) ◽  
pp. 41
Author(s):  
Katarzyna Strąk

The proposed recast Eurodac Regulation of 2016 extends its previous scope so that both illegally residing third-country nationals and those who have entered the EU irregularly at its external borders could be identified and so that this information could be used by Member States to re-document them for return purposes. In this way Eurodac will, according to the European Commission, contribute to the fight against irregular migration. The proposal is meant to improve the effectiveness of the EU return policy by facilitating the identification of persons illegally on the territory of the EU. After it is adopted, the new Eurodac Regulation may be considered as an example of a flanking instrument of the EU return policy. It should be emphasised that on the one hand the provisions foreseen in the Regulation are highly valuable when it comes to ensuring the effectiveness of the EU return policy. On the other hand, however, it is still unknown what effects it will bring when adopted.

2021 ◽  
Vol 73 (1) ◽  
pp. 58-86
Author(s):  
Dragan Trailovic

The article explores the European Union's approach to human rights issues in China through the processes of bilateral and multilateral dialogue on human rights between the EU and the People's Republic of China, on the one hand. On the other hand, the paper deals with the analysis of the EU's human rights policy in the specific case of the Xinjiang Uyghur Autonomous Region, which is examined through normative and political activities of the EU, its institutions and individual member states. Besides, the paper examines China's response to the European Union's human rights approaches, in general, but also when it comes to the specific case of UAR Xinjiang. ?his is done through a review of China's discourse and behaviour within the EU-China Human Rights Dialogue framework, but also at the UN level and within the framework of bilateral relations with individual member states. The paper aims to show whether and how the characteristics of the EU's general approach to human rights in China are reflected in the individual case of Xinjiang. Particular attention shall be given to the differentiation of member states in terms of their approach to human rights issues in China, which is conditioned by the discrepancy between their political values, normative interests and ideational factors, on the one hand, and material factors and economic interests, on the other. Also, the paper aims to show the important features of the different views of the European Union and the Chinese state on the very role of Human Rights Dialogue, as well as their different understandings of the concept of human rights itself. The study concluded that the characteristics of the Union's general approach to human rights in China, as well as the different perceptions of human rights issues between China and the EU, were manifested in the same way in the case of UAR Xinjiang.


2019 ◽  
Author(s):  
Hsi-Ping Chen

The German Law on public procurement remedies, implementing the EU Remedies Directives into national law, has to engage in a balancing act between effective legal protection of bidders and the necessary acceleration of the award procedure. The book develops solutions for conflicts between the abovementioned opposing interests, which are consistent with the pluralistic paradigm of the European legal area, and the standards of assessment of the EU primary substantive law on public procurement. The Europeanisation of the German Law on public procurement remedies is analysed in detail. The work deals with the establishment and improvement of effective legal protection of bidders on the one hand and, on the other hand, shows that the acceleration of the award procedure within the framework of the procedural system is bounded by the rule of law. The book carves out strengths and deficits of the German Law on public procurement remedies.


2022 ◽  
pp. 003072702110703
Author(s):  
Bart Gremmen

As populations increase and economic affluence expand, conventional farmers will be unable to meet the demand for food. Two main scenarios offer different solutions. The first scenario aims to further intensify scientific- and technology-driven agriculture research. The second scenario aims to radically switch to nature-based solutions in agricultural systems. There seem to be two interpretations of the nature-based solutions scenario: on the one hand, the interpretation of the IUCN regards nature-based solutions, such as regenerative agriculture, as using nature and denies a link with biomimicry; and on the other hand, the interpretation of the EU regards regenerative agriculture as an example of biomimicry. This raises the question: is regenerative agriculture a prime example of biomimicry or is it only a very important way to use nature in agriculture? To answer this question, we take a step back and philosophically reflect on biomimicry. Based on two definitions of mimesis, we distinguish between two concepts of biomimicry, a ‘strong’ concept which emphasizes natural principles and copying natural models, and a ‘weak’ concept, which emphasizes inspiration by nature and creative invention. Secondly, we describe and analyze regenerative agriculture as part of the nature-based solutions scenario and interpret regenerative agriculture first as ‘weak’ and then as ‘strong’ biomimicry. Both interpretations have their problems. To address these, we propose a new concept of biomimicry based on a new definition of mimesis. This enable us to differentiate between biomimicry, strict imitation of nature, and nature-inspired invention. We argue that our conceptualization of biomimicry helps to operationalize regenerative agriculture as a biomimetic technology.


2019 ◽  
pp. 39-66
Author(s):  
Yossi Harpaz

This chapter explores the case of Hungarian dual citizenship in Serbia as a representative case of compensatory citizenship that is created on the basis of coethnic ties. Since 2011, Hungary has offered dual citizenship to cross-border Hungarians living in neighboring countries. However, coethnic dual citizenship has complicated and contradictory effects on Serbia's Hungarian minority. On the one hand, they enjoy access to Europe, as well as elevated social status in Serbia. On the other hand, the proliferation of EU passports makes it easier for young Hungarians to emigrate, shrinking this beleaguered population even further. Meanwhile, thousands of ethnic Serbs have also begun to study the Hungarian language. They hope to take advantage of Hungary's generosity toward Hungarian speakers in order to thereby gain access to the EU.


Author(s):  
Barbara Guastaferro

Article 4 of the Treaty on the European Union is a core provision to understand the ‘federal’ nature of the European Union. It is composed of three paragraphs, any of which tries to strike a balance between the constitutive units of the composite legal order, namely the EU, on the one hand, and the Member States, on the other. The first paragraph enshrines the so-called ‘principle of presumed Member States competences’, according to which competences not conferred upon the EU remain to the Member States. The second paragraph requires the EU to respect Member States’ national identities, inherent in their fundamental political and constitutional structures. The third paragraph enshrines the principle of sincere cooperation. In this respect, all the paragraphs express a sort of ‘federal concern’. Article 4(1) TEU is devoted to the vertical division of competences and strengthens the respect of the principle of conferral, Article 4(2) TEU is devoted to the identities of the Member States of the EU thus protecting diversities in the composite legal order, and Article 4(3) TEU is devoted to loyalty, which, like in many federal or compound legal orders, should inform the cooperation among levels of government.


2018 ◽  
Vol 20 (2) ◽  
pp. 116-128 ◽  
Author(s):  
Katharina Eisele

In March 2012, the European Commission adopted a Communication on the external dimension of EU social security coordination. On the one hand, the Commission explained that social security coordination between the EU and rest of the world is dealt with at a national level. On the other hand, the Commission argued that a common EU approach to social security coordination with third countries was under development. This common EU approach to social security coordination consists of a number of elements. One element relates to Association Agreements and Stabilisation and Association Agreements. These Agreements and specific Decisions taken by Association Councils (established by such Agreements) stipulate rules, which govern social security coordination for workers and their families, who move between the EU and the associated country. According to the Commission, once the Association Council Decisions are adopted, the common EU approach to social security coordination will be implemented. Six years after the publication of the 2012 European Commission Communication, questions arise as to whether or not the Association Agreements have been implemented, and the reasons for this. This article seeks to examine and contrast selected Association Agreements and Stabilisation and Association Agreements (SAAs), which provide social security rules for the nationals of the contracting parties. These will include the Ankara Agreement concluded with Turkey, the Euro-Mediterranean Agreements with Algeria, Morocco and Tunisia, and the SAAs with the Balkan countries. The aim of this article is to provide an overarching overview of the different legal positions that third-country nationals may rely on, based on their nationality, and to explore whether or not Association Agreements have been implemented in terms of social security coordination rules.


2015 ◽  
Vol 12 (1-2) ◽  
pp. 8-13
Author(s):  
Zsuzsa Balla

Nowadays in these economical hard times it is very important to manage the public money efficiently. On the one hand it is a demand in the memberships countries and in the budget in the Europian Union.  On the other hand it is a requirement from the oridnary people too. Actually the Europian Union takes part in the struggle against corruption. In fact the Europian Union has a strategy of struggle against corruption and cheating.  The EU focuses on two fileds of strugggle against corruption, one of both is the budget of EU and the other is the public procurements. In this study I am dealing with the strategy of struggle against corruption, the main institutes and the main regulations.


2020 ◽  
pp. 119-135
Author(s):  
Małgorzata Łakota-Micker ◽  
Beniamin Noga

The subject of the analysis conducted in the article is the current social and economic situation of Montenegro – one of the candidate countries for the membership of the European Union. The research problem -is important due to the fact, that the Balkan countries are an enclave surrounded on all sides by the EU Member States. On the other hand, EU Member States have awareness of the increasingly visible influence of Russia, China or Turkey in this region, which in the future may threaten the EU’s policy of stabilisation and democratisation of the region, as well as reduce the sense of security in European societies. The article aims to determine the premises that will indicate the opportunities and threats to further socio-economic development of Montenegro and its proper economic prosperity, which can lead to accession in 2025. The future of accession to the EU depends on the fulfillment of socio-economic criteria, which were partly achieved as a result of the first stage of the country’s transformation process. Montenegro can also use the experience of the past – gained as a federal state – in this process, however, on the other hand, the quality of integration with Serbia will not be a valuable experience for entering the structures of the community with great economic, social and organisational potential.


2020 ◽  

In the years before the Covid-19 crisis confronted the world with unprecedented challenges, the EU showed two sides of itself: On the one hand, it gave cause for hope, having overcome several crises and presenting itself to the world as a defender of multilateralism and a stronghold of democracy. On the other hand, however, its weaknesses remained visible: its lack of coherence in foreign and security policy; its insufficient influence in its neighbouring regions; and its internal contradictions with regard to upholding the rule of law among its member states. The essays gathered here offer a review of two years of EU politics. With contributions by Laurent Baechler, Anna Dimitrova, Mohamed Ane, Sebastian Franzkowiak, András Inotai, Gabriel N. Toggenburg, Arnaud Leconte, Kyriakos Revelas, Hartmut Marhold, Jean-Claude Vérez, Jean-Marie Rousseau, Susann Heinecke, Florent Marciacq, Tobias Flessenkemper, Magda Stumvoll, Marta-Claudia Cliza, Laura-Cristiana Spataru-Negura, Claude Nigoul, Pinar Selek, Yvan Gastaut.


2017 ◽  
Vol 5 ◽  
pp. 537-540
Author(s):  
Loredana Jitaru ◽  
Lorena Florentina Popescul

The EU and China enjoy one of the most fruitful relationships of cooperation in the world. In time, this cooperation has evolved into a strategic partnership created in 2003. A central part of the development and consolidation of the Strategic Partnership was that of the cooperation between these two actors in the field of research, development, and innovation. This paper intends, on the one hand, to analyze the cooperative relationships between the EU and China in the field of research, development, and innovation, and on the other hand to offer a bigger picture of the present day relationships in the field. This paper uses methods of quality research, more precisely document analysis.


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